“YOUTHEORY MOVEMBER SWEEPSTAKES”
SPONSORED BY NUTRAWISE CORPORATION
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. PLEASE READ THESE OFFICIAL RULES CAREFULLY AS THE OFFICIAL RULES REQUIRE THAT ENTRANT WAIVES THE RIGHT TO A JURY TRIAL AND THAT DISPUTES ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE.
1. Entry Period: The “Youtheory Movember Sweepstakes” (“Sweepstakes”) commences at 8:00 AM PT on November 6 , 2019 and ends at 5:00 PM PT on November 9, 2019 (“Sweepstakes Period”). The Sponsor’s time clock will be the official time keeping device for this Sweepstakes. All entries must be received by 5:00 PM PT on November 9, 2019. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
2. Eligibility: The Sweepstakes is open to persons legally and physically residing in one of the 50 United States or the District of Columbia who are at least the age of majority in their state of residence at time of entry: 18 years of age in most states, 19 in Alabama and Nebraska, 21 in Mississippi. Employees, agents, directors of Nutrawise Corporation (“Sponsor”), and Alcone Marketing Group (“Administrator”), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes (“Sweepstakes Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter Sweepstakes.
By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; (e ) acknowledge that Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram; and (f) agree to indemnify and hold harmless Sweepstakes Entities and Instagram from and against any and all liability arising out of or relating in any way to entrant’s participation in Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and Instagram. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or any other harm, suffered directly or indirectly from entrant’s participation in Sweepstakes or the receipt or acceptance, redemption, possession, use or misuse of the Prizes (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
Entrants must follow @youtheory on Instagram if entrant is not already doing so for the purpose of allowing Administrator to contact the entrant in the event they become a potential Winner.
There is a limit of one (1) entry per person. There is a limit of one (1) Prize per person. If it is suspected that an entrant submits more than one (1) entry, only the first one (1) entry will be considered. In the event of a dispute over who submitted a winning entry, the “authorized account subscriber” of the Instagram account used to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant. It is the sole responsibility of the entrant to notify the Administrator in writing if the entrant changes his or her Instagram account during the Sweepstakes Period. The “authorized account subscriber” for Instagram is defined as the natural person who is assigned an email address associated with the applicable account. In the event a winning account selected is a joint account, a total of one (1) Prize will be awarded in the name of the first-named account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. Entries will not be returned, and receipt of entry will not be acknowledged. Proof of entry will not be deemed to be proof of receipt of entry by Sponsor.
4. Entry Guidelines: Entries must be the original work of entrant, must have been created specifically for Sweepstakes, and must not have been previously published, released commercially or won any awards. Any elements appearing in an entry, including, without limitation, photographs, art or any other materials, must be entrant’s own original work, created by entrant, or be in the public domain.
Entries must not feature the name, likeness or other personally identifiable information of any person other than entrant. Personally identifiable information includes, but is not limited to name, image, likeness, license plates, phone numbers and personal addresses. Entries must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence, firearms/weapons, commercial products or services, unauthorized copyrighted, trademarked or patented properties, including brand names, logos, or trade dress, private property, unless entrant has obtained a property release from the owner specific for uses specified herein, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity, copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions, data, codes or programs that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion. Further, entries must not contain any claim that is not and cannot be substantiated or that would be false or misleading to a reasonable consumer. Any content, text or otherwise, included as part of the entry must be in the English language.
By entering the Sweepstakes, each entrant represents and warrants that: (i) the entry is the original work of the entrant, that he/she has all rights to the entry, that the entry was created specifically for Sweepstakes, that the entry, in whole or in part, has not been released commercially, been previously published or won any awards; (ii) the entry does not and will not violate any law, statute, ordinance or regulation; (iii) the entry is free and clear of any and all liens or claims with respect to the use of the entry in the manner authorized in these Official Rules; (iv) the entry does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (v) the entry is not and will not be defamatory, disparaging libelous, pornographic or obscene.
Content posted by entrants is not edited by Sponsor and the views/opinions of the entrant do not reflect the views of the Sponsor in any manner.
Sponsor reserves the right to disqualify any entry that it deems, in its sole discretion, to be a violation of the Official Rules or that is not in keeping with the Entry Guidelines specified herein or which communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate.
Entrants acknowledge an agree that Sponsor may receive many entries in connection with this Sweepstakes and that some entries may be very similar in content, idea, theme, or in other respects to other entries received or submitted. Entrant waives any and all claims entrant may have had, may have and/or may have in the future, that any entry in this Sweepstakes is similar to his/her entry, or that any compensation is due to entrant in connection with such entry.
5. Use of Entries: Certain entries may be featured from time to time in Sponsor’s social media pages and channels, in Sponsor’s sole discretion. Being selected as a featured entry is unrelated to the Prize award process. Sponsor is not obligated to use, publish or display or broadcast any entry. By submitting an entry, entrant understands and agrees that their entry may be publicly displayed in the manner set forth above without any further notification to or consent from entrant. Entrants agree that Sponsor may use their entry, including entrant’s first name and state or residence, in whole or in part, for any purpose whatsoever without any additional compensation.
6. Odds: The odds of becoming a Sweepstakes Winner depend on the total number of Eligible Entries received during the Sweepstakes Period.
7. Prizes: Each of the five (5) Winners (hereinafter defined) will receive: (i) one (1) Youtheory Mens Collagen Tablets, with an approximate retail value (“ARV”) of $22.99; (ii) one (1) Youtheory Mens Maca Tablets, with an ARV of $21.99; (iii) one (1) Youtheory Mens Shilajit Capsules, with an ARV of $28.99; and (iv) one (1) Joint Complex Tablets, with an ARV of $28.99, each a (“Prize” or “Prizes”). The total ARV of each Prize is $102.96. The total ARV of all of the Prizes is $514.80. The ARVs are subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARVs and the actual values, if any, will not be awarded.
8. Publicity Release: By participating in Sweepstakes, each Winner grants to Sponsor, and its representatives, affiliates, licensees and assigns, the right and permission to record, film, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or a Sweepstakes Winner List or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
9. Winner Selection and Notification: There will be five (5) Winners selected in a random drawing from among all of the Eligible Entries on or about November 12, 2019 by Sponsor’s independent judging agency, Administrator. Administrator will notify the potential Winners via comment on Instagram and will be required to confirm his/her name, address and phone number within twenty-four (24) hours from when comment is sent and then Administrator will attempt to contact the potential Winner via the telephone number provided, and by entering the Sweepstakes the entrant hereby grants permission to be contacted via telephone. No messages will be left on answering machines or voicemail systems. If a potential Winner does not confirm his/her contact information as requested within the twenty-four (24) hour time period, cannot be reached directly and/or does not meet the eligibility requirements, the potential Winner will be disqualified, and an alternate potential Winner will be selected in a random drawing from among all of the remaining Eligible Entries.
10. Winner Verification: To be eligible to be declared a Winner and to receive the Prize, the potential Winners must sign and return to Sponsor and/or Administrator, within two (2) days of issuance of such documentation from Administrator or Sponsor an Affidavit of Eligibility and Release that: (a) releases Sweepstakes Entities and Instagram from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; (b) except where prohibited by law, grants Sweepstakes Entities the right to use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification; and (c) a non-exclusive, irrevocable, royalty free license, in perpetuity, commencing at Sweepstakes entry granting Sponsor and its designees the right to use the entry as specified herein. Entry into Sweepstakes constitutes agreement to sign such release. If a potential Winner does not sign this release and return it within the time frame specified, the potential Winner may be disqualified, and the Prize forfeited. When such documentation is properly executed and providing potential Winners are otherwise in compliance with the Official Rules, potential Winners will each be determined to be a Sweepstakes winner (“Winner” and collectively “Winners”).
Winners must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winner may forfeit Prizes at Sponsor’s sole discretion. If a potential Winner is unable to participate in or accept the Prize or any portion of the Prize for any reason, Sponsor will have no further obligation to the potential Winner. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified.
By participating in Sweepstakes, Winners acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners will be responsible for obtaining and paying for any form of insurance relating to the Prizes that Winners deem appropriate.
11. Prize Terms: The dates for fulfillment of the Prizes will be on or about December 2019, but subject to change in Sponsor’s sole discretion. If for any reason any Prize is unavailable, or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner. Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prizes, are solely Winner’s responsibility. PRIZES ARE PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online, television, print advertising, and other Sweepstakes materials are for illustrative purposes only. Arrangements for the fulfillment of the Prizes, will be made by Administrator and/or Sponsor.
12. Taxes: All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
13. General Terms: Sweepstakes Entities and Instagram are not responsible if Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of the Sweepstakes. If Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on youtheory.com/giveaway if time permits and the Prizes will be awarded to Winners to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event, or in any manner that is fair and equitable as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in Sweepstakes. Sweepstakes Entities are not responsible for the functionality of the Instagram platform, including changes that may interfere with the Sweepstakes or the ability of a potential entrant to participate in the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted, and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
IN THE EVENT ENTRANT ATTEMPTS TO BRING A CLAIM, ACTION OR PROCEEDING AGAINST SWEEPSTAKES ENTITIES DESPITE AGREEING NOT TO DO SO IN SECTION 2 OF THESE OFFICIAL RULES, As a condition of entering the SweepstakeS, Entrant agrees that: (i) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; (ii) ENTRANT WAIVES THE RIGHT TO A JURY TRIAL OF ANY AND ALL ISSUES AND THAT all causes of action arising out of or connected with this SweepstakeS, or any prize awarded, shall be resolved individually — without resort to any form of class action — by BINDING arbitration (by a single neutral arbitrator selected by Sponsor in its sole and absolute discretion) ; and (iii) any and all claims, judgments and awardS shall be limited to actual out-of-pocket costs incurred, but in no event SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE attorneys’ fees. This sweepstakes shall be governed by and construed in accordance with the laws of the state of CALIFORNIA.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by January 9, 2020. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the Winners and/or Official Rules: (i) send a self- addressed stamped envelope to: “Youtheory Movember Sweepstakes”, #140 233 Rock Road, Glen Rock, NJ 07452; and (ii) write, as applicable, “Winners List” or “Official Rules” on the lower left-hand corner of the envelope.
15. Sponsored by: This Sweepstakes is sponsored by Nutrawise Corporation, 9600 Toledo Way, Irvine, CA 92618.
16. Administered by: This Sweepstakes is administered by Alcone Marketing Group, 4 Studebaker, Irvine, CA 92618.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
NO PURCHASE NECESSARY. Ends November 9, 2019. Msg & Data rates may apply. For rules go to youtheory.com/giveaway. Void where prohibited. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.